827 S.E.2d 403
W. Va.2019Background
- In 2011 Jasman Montgomery and co-defendants executed a nighttime forced entry; Matthew Flack was shot and killed during the incident. Montgomery agreed to a binding guilty plea to first-degree murder by information and received life with mercy (parole eligibility after 15 years).
- Montgomery expressly waived his constitutional right to grand jury indictment and jury trial at a plea colloquy; the plea was entered before ballistics testing was complete.
- The plea agreement required Montgomery to testify truthfully and the State agreed to certain concessions (including avoiding a firearm enhancement and refraining from additional prosecutions).
- A later ballistics report showed Montgomery’s gun did not fire the fatal shot; Montgomery subsequently filed habeas corpus challenging the plea’s validity, voluntariness, and counsel effectiveness, and arguing the Rule 7 waiver was improper for a life‑punishable offense.
- The Mercer County Circuit Court denied relief; the Supreme Court of Appeals of West Virginia affirmed, holding Montgomery implicitly waived the Rule 7 irregularity by knowingly waiving indictment, his plea was voluntary, and counsel was not ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of plea by information for life‑punishable offense (Rule 7) | Montgomery: Rule 7 requires indictment for offenses punishable by life; plea by information was improper and void. | State: Montgomery knowingly waived indictment; Rule 7 technical violation is not cognizable in habeas absent constitutional/jurisdictional error or prejudice. | Held: Waiver of indictment was intelligent and voluntary; Rule 7 defect waived and insufficient for habeas relief without constitutional error or prejudice. |
| Jurisdiction of court absent indictment | Montgomery: Circuit court lacked jurisdiction because no indictment for life offense. | State: Constitutional right to indictment is personal and waivable; information can substitute when valid waiver. | Held: Right to indictment is waivable; valid waiver by defendant means court had jurisdiction. |
| Voluntariness of guilty plea | Montgomery: Plea was involuntary because counsel pushed plea before ballistics results. | State: Plea colloquy and plea agreement show plea was knowing, voluntary, and strategic to obtain parole eligibility. | Held: Plea was voluntary and intelligent; statements at allocution create strong presumption of verity. |
| Ineffective assistance of counsel (failure to wait for ballistics / misrepresenting culpability) | Montgomery: Counsel was deficient for advising plea pre‑ballistics and for misrepresenting that his bullet killed the victim; would have sought better deal if aware. | State: Evidence of guilt was overwhelming; counsel reasonably advised plea to obtain significant benefit; Montgomery offers no proof he would have rejected plea and proceeded to trial. | Held: No deficient performance shown; even assuming deficiency, Montgomery failed to show prejudice required under Strickland/Hill (would not likely have gone to trial). |
Key Cases Cited
- Mathena v. Haines, 219 W. Va. 417 (W. Va. 2006) (standard of review for habeas challenges)
- Perdue v. Coiner, 156 W. Va. 467 (W. Va. 1973) (appellant bears burden to show error below)
- State ex rel. Vernatter v. Warden, 207 W. Va. 11 (W. Va. 1999) (procedural‑rule violations in plea colloquy are not habeas grounds unless constitutional/jurisdictional error or prejudice)
- State v. Haines, 221 W. Va. 235 (W. Va. 2007) (defendant has grand jury right but it may be waived)
- State v. Wade, 174 W. Va. 381 (W. Va. 1985) (Rule 7 implements grand jury constitutional requirements)
- State v. Wallace, 205 W. Va. 155 (W. Va. 1999) (indictment/information need only meet minimal constitutional standards)
- State v. Miller, 194 W. Va. 3 (W. Va. 1995) (adopting Strickland standard for ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑pronged test for ineffective assistance of counsel)